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Friday’s Letter from America

It’s Friday and time for another Letter from America with Irene Parker, this week is part 1 with part 2 due shortly. Now, in Europe it has been a little quiet on the courts front this week, although there have been many cases before the courts, no sentences have been announced, so nothing there to report.

Inside Timeshare has been receiving many more enquiries regarding RSB Legal and Taylor Marshall Associates, these have all been very similar. They have all paid substantial amounts of money to have their timeshare contracts cancelled, none of this has been done. They are all receiving demands for unpaid maintenance and many are now in around two years of arrears.

It is obvious that these contracts have not been cancelled, despite what RSB Legal and Taylor Marshall are saying. All those who have contacted us have told us the same thing, their resorts have insisted that they do not deal with third parties to cancel contracts, only direct with the member.

Club la Costa has also been explaining this to members, they even informed RSB Legal and Taylor Marshall that they would not deal with them. But obviously they just carried on regardless and taking huge amounts from members knowing full well they would not get the contracts cancelled.

Another company which Inside Timeshare reported on in May, has come up yet again, Donaldson Bruce Associates, as we stated in the original article there is no record of them at Company House in the UK or in Spain. The website is registered under a privacy company and there is no address given just a contact page and a Sheffield telephone number 0114 303 0678.

This time the caller who stated to our reader that Diamond Resorts is closing its European Portfolio and will only be operating in America, well that is news to us and all the Diamond members who own in Europe! Having spoken with Diamond Resorts today about this company, they are now looking into the matter, they also confirmed that they will only deal with members direct regarding surrender of membership and not with any of these types of companies.

This is obviously a scare tactic on the part of Donaldson Bruce agents, to get people to sign up for a claim. Diamond Europe I believe, would inform their members if anything like this were to happen, after all it is in their interest to do so.

We do know that Diamond did close their sales offices and many staff had to be laid off, obviously many of these have set up these “claims” companies and may be using the data “stolen” from Diamond to contact their old clients. On the point of the sales office closures, this was done for economic reasons, Diamond have franchised out the sales side so they are no longer responsible for the marketing costs or wages of the sales staff.

http://insidetimeshare.com/thursday-news-slot-a-new-cold-calling-claims-company/

So now on with our Letter from America.

Part I – Did You Get the Letter?

Part II – I got some letters

By Irene Parker

Most members begin their report: They said I should have gotten a letter…

June 22, 2018

There is no question there are millions of timeshare members happy with their timeshare. However, many existing members may be unaware their timeshare has little to no secondary market until a life event makes the timeshare unaffordable, or useless, because of the inability to travel. Deeding it back to the timeshare company without receiving any monetary value back may be acceptable when you have used the timeshare for many years, but what about the buyer who purchases a timeshare and then learns, sometimes just weeks after purchase, they were a victim of fraud? Most of the 466 families reaching out to Inside Timeshare allege they were baited and switched. Many with 800 credit scores now brace for foreclosure.

We need to equip the existing timeshare member, as well as the first time buyer, with the tools needed to make an informed decision. We feel the timeshare consumer should be made aware that there may be little to no secondary market for the timeshare they purchased. It would be helpful to know that the points you paid $60,000 for should only be listed for $4,500, in the case of one timeshare company that has even this much of a secondary market. A member of the Licensed Timeshare Resale Broker Association can estimate what your timeshare may be worth. LTRBA members will not even accept a listing for the points I purchased feeling my timeshare points have no secondary market. http://www.licensedtimeshareresalebrokers.org/

Do not pay anyone upfront money to get you out of your timeshare without checking with us or one of the self-help groups listed below. There are many scams created by this flawed points based product.    

Existing timeshare members almost always begin their complaint like this:

Sales agent: “Did you get the letter?”

Timeshare owner: “What letter?”

Sales agent: “You should have  gotten a letter.”

Timeshare owner: “I didn’t get a letter.”

There was no letter and the reason the sales agents said this was to disturb the existing member. This is a common sales technic. As a financial planner, I disturbed my prospects with, “Do you know if you have saved enough to generate 70% of your current income in retirement?” The difference was my prospects needed to fear this, but in complaint after complaint, the fear factor was used to coerce a timeshare member to give up their deeded timeshare and convert to points, or lose everything. Another fear factor is, “If you don’t buy points (if they are not holding a deed), you won’t be at the level needed to pay maintenance fees with points (or sell points if that is the member’s concern). No timeshare member is required to give up their deed, unless all owners are required to do so because the timeshare is being terminated.

 Many members are astonished at the level of deceit they say they experienced. One former timeshare sales agent told me her manager told her to order the CIA Manual on Human Manipulation. When I looked up human manipulation I found several of the  20 most common manipulation techniques used, have been used on timeshare buyers. The actions of these bad apples makes it hard on sales agents that do sell the product honestly. For some companies, I’m not sure if the honest or dishonest agent is considered the rogue.

  20 of the most common manipulation techniques (my comments to the techniques I picked out as applicable to timeshare are italicized)

The Patriotic Vanguard http://www.thepatrioticvanguard.com/20-most-common-manipulation-techniques-used-by-human-predators

  1. Lying

Predators are constantly lying about practically everything in their life. They do this to wrong-foot their victim and confuse them. Lying is one of the manipulation techniques psychopaths typically use because they have no qualms about it.

Complaints always begin, “The sales agent said” and the member’s complaint is almost always dismissed with, “We are not responsible for what our sales agent says” or “You signed a contract” unless the member is holding a smoking gun (like the recording of a fraudulent sales presentation or a sophisticated spreadsheet they managed to get a picture of or smuggle out). One complainant even said her sales agent told her when she contacted him, “It doesn’t matter what I said. The only thing that matters is what you signed.” This dismissal is backed up by some Attorney General Timeshare Division reviewers, responding, “You have no proof” or, “You should not have relied on verbal representation.”

Okay fine. Our mission is to alert the public not to believe a word a timeshare sales agent says.

  1. Not telling the whole story

This is different to lying as a predator will often keep a key part of the story to themselves in order to put their victim at a disadvantage.

Oh Boy! We could write a novel about this tactic. “You can pay all your maintenance fees by charging to a credit card.” This may work for a timeshare sales agent earning $600,000 a year charging $270,000 to a credit card to pay a $2,700 maintenance fee, but for the average timeshare buyer, a 1% credit is a far cry from paying all the maintenance fees. “And you can use your points for airfares!” When I attempted this it would have cost $2,300 in maintenance fee dollars to book one domestic round-trip ticket. One former timeshare sales agent told me he was forced out for explaining the actual value. He had 30 years in the business before joining this particular timeshare company.

  1. Love-bombing and devaluation

Narcissists typically use love bombing as a manipulation tactic, they will go on a charm offensive and get you hooked into thinking this is the best relationship ever, then they’ll drop you like a ton of bricks without explanation.

This from Phyllis, being encouraged to give up her timeshare deed:

I am a senior citizen 5 feet tall women and he is a 6 feet tall man standing over me stating he was a child of GOD and he can help me then said to me “I am a friend I can tell you the best thing to do only if I signed”. He added the BANK CREDIT CARD. I was misled to only use the card for shopping that my points would go up and maintenance fees would go down. I never received the card. I never used the card. Now I have a trial date May 8, 2018 to pay their lawyers in the amount of $3446.04. They sent a letter stating the timeshare went into foreclosure and I am out of the contract. Since the timeshare and the bank are together I should be out of paying the bank as well? I need help. Could someone give me advice? Can I get someone to go with me and represent me? I am afraid and stressed. Please – email me on what I can so as soon as possible. Thank You.

The credit card company kindly granted Phyllis a 60 day extension to July. She is representing herself.

  1. Denial

Often the simplest way a predator will manipulate a person is by denying the thing they are accused of ever happening.

The timeshare company party line response has been, “After a thorough investigation, the sales agent said he didn’t say that. Here are your initials on the fine print. You signed a contract. Kind regards.”

  1. Spinning the truth

How many times have politicians twisted the facts to suit themselves? This spinning of the truth is often used to disguise bad behaviour by predators such as sociopaths.

This is one of our most recent complaints:

After we said no to L, Mr. Richard C told us we should buy points to save money on airfare since we have to fly so often to India to care for my mother undergoing chemotherapy. Richard said we could use our points to pay for plane tickets to India to help reduce expenses. L gave a long lecture on how immigrants (referring to me) should behave in the United States and should invest in programs like this to save money on travel.  They said I could fly four times to India instead of two. We have learned this was all a lie.

  1. Minimising

Where a predator will try and play down their actions as not important or damaging and shift the blame onto the victim for overreacting.

“You were confused” is a frequent response.

  1. Targets the victim

When a manipulator accuses the victim of wrongdoing, they are making the victim defend themselves whilst the predator is able to mask their own manipulation techniques. The focus is on the victim, not the accuser.

See #4

  1. Positive reinforcement

This includes buying expensive presents, praising them, giving money, constantly apologizing for their behaviour, excessive charm and paying lots of attention.

In timeshare these are all the free tickets, restaurant coupons and giveaways.

  1. Moves the goal posts

You might think you know where you stand with a person, but if they are constantly moving the goal posts in order to confuse you, then it’s likely you’re dealing with a predator.

These seniors lost their entire savings, $13,000, and were foreclosed. They were sold a minimal number of points that they could have vacationed with, but then up-sold into foreclosure, told they would lose everything if they did not buy more points. The husband diagnosed with Alzheimer’s and the wife hard of hearing. The company used the recording of the QA against them telling the grown son, and “We recorded the QA. They were very engaged.” In a PR Release the company had stated the recording of the QA was an enhanced Quality Assurance. Members are not allowed to record the sales session.

http://insidetimeshare.com/the-tuesday-slot-with-irene-8/

  1. Diversion

Diverting the conversation away from the perpetrator’s act and moving the conversation onto a different topic is a typical way predators manipulate their victims.

When I told a scam my timeshare company does not allow renting points and I can send them the rule, they smoothly asked, “So how much are you paying in maintenance fees?” as they moved on to a travel reimbursement pitch.  

  1. Guilt tripping

Someone who manipulates can guilt trip their victim by saying that they don’t care about them or that they are selfish or their life is easy. It all helps to keep that person confused and anxious.

Guilt tripping in timeshare often lays a guilt trip on the parents that they are not providing adequate vacation time for the kids.

  1. Playing the innocent card

A true manipulator will feign utmost shock and confusion at being accused of any wrongdoing. Their surprise is so convincing that the victim may question their own judgement.

One member reported they were told, “Those sales agents at that sales center are good guys.”  This was a sales center we received over 50 complaints against, eleven against one particular agent.

  1. Over-the-top aggression

Manipulators often use rage and aggression to shock their victim into submission. The anger is also a tool to shut down any further conversation on the topic as the victim is scared but focused now on controlling the anger, not the original topic.

See what happened to Phyllis in Point 4. We are flooded with complaints about timeshare sales presentations that last for hours with members being browbeat by rotating aggressors until they were diminished down to mush. I’m not making this up. If I had not heard 466 stories, I would not be this confident.

  1. Isolation

It is far easier to keep a person under control if they are isolated from family members and friends who could shed some light and truth on the situation.

This is accomplished by NDAs and arbitration.  I refused to sign one after I was offered our money back, which is why I am still standing. The developer describes arbitration something like, “litigating from the comfort of your own home.” The timeshare company hires the litigator for $400 to $500 an hour.  

  1. Feigns love and empathy

Predators such as psychopaths and sociopaths do not know how to love someone other than themselves, and cannot feel empathy, but they can pretend to in order to inveigle others into their lives.

See what happened to Phyllis in Point 4.

If you watch out for the above manipulation techniques, you can keep yourself out of a predator’s clutches.

… For reading, responding and for helping others.

Contact Inside Timeshare or these self-help groups if you need help or have a question you need answered.

We seek to provide timeshare members a way to proactively address membership concerns; to advocate for timeshare reform; to obtain greater disclosure from the company; to advocate for a viable secondary market; and to educate prospective buyers.

https://www.facebook.com/timeshareadvocategroup/

https://www.facebook.com/groups/DiamondResortsOwnersAdvocacy/

https://tug2.com/Home.aspx

https://www.facebook.com/groups/180578055325962/

https://www.facebook.com/groups/465692163568779/

https://www.facebook.com/groups/1639958046252175/

FTC Report on Fraud

https://www.ftc.gov/news-events/press-releases/2018/03/ftc-releases-annual-summary-complaints-reported-consumers

Thank you Irene, we look forward to the second installment, join us again next week for more “Nightmares on Timeshare Street” and remember to do your homework, check, check and check again, there are many out there who just want to take your hard earned cash.

If you need any help in identifying any company that has contacted you or you have found on the internet and want to check if they are genuine, then use our contact page and get in touch.

Have a good weekend.

Start the Week

We start this week with a look at some of the companies we have highlighted over the past few months, many of these are now going into liquidation. These companies are in most case only around two years old and began as “contract termination” with “no win no fee” claims once the contract has been cancelled. We also look at some of those that are under investigation or are in court and those that have even been sentenced.

First we look at RSB Legal, this company first came to our attention back in 2016, there modas operandi was very simple, once they contacted the timeshare owner the offer was to meet at one of their offices to discuss a “no win no fee” claim against the clients timeshare company. This soon turned into a pitch for the cancellation of the contract first, once this had been completed then the claim could go forward.

The one problem was they needed upwards of £6,000 to do the cancellation to be paid in advance, the claim would come later. The question that was asked was how was the claim to be made? After all it couldn’t go to court, especially if it was a timeshare bought in Spain, as once a contract is cancelled then no claim could be taken to court.

This left a Section 75 claim under The Credit Consumer Act 1974, against the credit card company or the finance company if it was purchased with a loan supplied by the timeshare company.

These were unlikely to have paid out, as with all section 75 claims you must show either: you have not received the goods or services paid for; the company has gone into liquidation; faulty goods unfit for purpose. This is fine if you are purchasing say a washing machine, but with a holiday product, especially a timeshare purchased many years ago, you will have used it and taken holidays. Even if the company no longer exists it would be difficult to get a payout.

Section 75 does not cover the misrepresentation of the sales agent at the time of purchase, if it is not in the contract it was never said!

The credit card provider will always contact the company involved to get their side, obviously, they will say that you have received the goods and services, after all you have used it. You may argue that you were unable to use it as you could not get the dates you required, the answer of the timeshare company is always going to be, sorry but these are always subject to availability, we did offer alternatives but the member didn’t want those. Hence claim denied.

Another twist is RSB Legal palmed off the cancellations to another firm Taylor Marshall Associates, a very clever move as if the contract wasn’t cancelled, no claim could be made against RSB Legal under section 75. They would claim that they have fulfilled their part of the contract and it was Taylor Marshall who had not done the work.

This is a scenario that we have seen on many occasions with many of these “Exit Companies”. Once it is passed over the client is then told that they should no longer pay their maintenance fees as their contract will be cancelled within weeks. The unfortunate thing is that nothing was done, the exit company did not carry out the work and the client ends up with several years of maintenance fee arrears. This has been the case with RSB Legal clients passed to Taylor Marshall, especially those members of Club la Costa. In this case CLC had informed RSB and Taylor that they do not recognise them, that they do not deal with third parties, but will cancel a membership directly with the member only and free of charge!

For those clients who have been through this, you can try a section 75 claim, but you should also report to Trading Standards and Action Fraud.

Back in January 2018, we reported on the announcement that Standon Mortimer Associates were the subject of a Creditors’ Voluntary Liquidation. Again this was a company contacting clients for exit and claims, the list of companies they were involved with is quite extensive, including RSB Legal, FHA Marketing along with Anderson Read Consultancy, Warwickshire ConsultantsCharles Ashworth Consultants and Harwood Jones Consulting.

So it looks like all these companies were all working hand in hand, the unifying factor appears they all worked with or for RSB Legal. The unfortunate thing is that many people have paid and lost thousands, yet these companies are limited liability companies and go into liquidation after spiriting the money away leaving no way of retrieving what you have lost. It just makes you wonder what new companies and scams they owners are going to come up with next.

Now for our old friend David Cox and TESS Paralegal Services Ltd, this is another in the long list of companies that David Cox has been behind, many have been dissolved along with massive debts.

Since his last post on 29 March, there has been nothing new posted in his “news” section, he has gone very very quiet, it is rumoured he is trying to sell the company or even liquidate it. This will not be good news for those who have paid him for cancellation services.

To see the full story of David Cox, use the search box.

As we know the Regional Organised Crime Unit of Somerset & Avon Police are investigation several Mark Rowe companies, we have also been told by reliable sources that Hollywood Marketing in Tenerife is also under investigation by the Spanish Authorities.

The companies under investigation include sellmytimeshare.tv, Monster Rewards and Monster Credits, yet Mark Rowe is still advertising in the press, facebook and other media his ABC Lawyers, Timeshare-Lawyers and other companies. The unfortunate thing is that many people will believe any advert they see in the press.

A good example is one reader, an elderly lady who saw one of his adverts in the Royal British Legion magazine, so naturally she thought it was genuine. The next thing is she had been sold Monster Credits. As we explained, just because the advert appears in a publication which we know and trust, does not mean it is genuine. After all, the magazine publishers need to sell advertising space to cover costs, they don’t check if advertisers are genuine, they only take the money.

Back in February we also reported on the jailing of several people involved in a long running timeshare scam, this revolved around the resale of timeshare. It then went on to contacting those who paid to sell their timeshare being contacted yet again, this time to get the money back from the original scam. There was then a third part, another company called to say they had been appointed by the Spanish courts to contact clients who had been scammed before, that there was money waiting for them and a tax needed to be paid to release the money.

The full article can be seen by following the link below:

http://insidetimeshare.com/they-get-them-in-the-end/

There is still no news on the sentencing of Dominic O’Reilly or his Daughter Stephanie O’Reilly of EZE Group. From information received this may not be taking place until around September. This leaves it very difficult for those taken in by the Leisure Credits to be able to get their money back. When new information becomes available we will publish it here.

So, we are losing some of these companies, but how long before other surface to take their place, as always, beware the calls offering “no win no fee” claims, the guaranteed exit solution or the “fake” law firm that tells you a case against your timeshare company is about to go to court or has been to court. Check, check and check again, do your homework, contact Inside Timeshare if you want help in checking the validity of any company that has contacted you or even one you have found either on the internet or advertising in the press.

Tomorrow we publish another Tuesday Slot with Irene, this week it is about “Special Assessments” at the Americano Beach Resort.

Silverpoint in the Courts: Criminal Action Vs Civil Action

At the start of this decade the first cases against Resort Properties / Silverpoint were being formulated, at that time there were two schools of thought, Criminal Action and Civil Action using the Timeshare Law 42/98.

First we take a look at the Criminal Action, this was proposed by the law firm Kaehler Abogados, he believed that what Resort Properties / Silverpoint were selling was classified as a fraud. This involved the selling of multiple timeshare weeks as “investments” in property, with a view to renting for an income and eventually going on the resale market with a return of around 15% to the purchaser.

As it turned out, the hundreds of consumers found out too late that what was actually happening was they were being continually upsold to higher standards of apartments / weeks. The reason they were given was what they had originally purchased was not selling as it was not what the market wanted. The only way to secure their “investment” was to pay even more money to upgrade to the better quality apartments.

Many of these transactions were funded with loan agreements brokered by Resort Properties / Silverpoint using Barclays Partner Finance agreements. The promise was that after two years the weeks would be sold and that would then cover the loan amounts and settle the agreements.

In reality this did not happen.

The first cases went to court and a long drawn out legal battle ensued, with the CEO Mark Cushway being indicted along with many managers and staff on charges of fraud. At the time it was dubbed as the largest fraud in timeshare history.

Unfortunately these cases floundered, Silverpoint successfully argued with the courts that these were property investments and not timeshare, therefore the purchasers were not consumers of timeshare but investors in property. As we know property can go down in value as well as up.

The courts at the time agreed, that these purchasers were buying into property investment, so they believed that no fraud had been committed.

At the same time the other school of thought was beginning to use the civil courts and the timeshare laws to pursue Silverpoint. The most notable case being that of Mrs Shirley Wilson, who instructed the proponent of civil action Miguel Rodriguez Cabellos to fight her case.

Mrs Wilson, argued that she at first believed she was investing in property, but it turned out it was in fact timeshare as there were maintenance fees attached along with other aspects of timeshare.

(Click on the link below to see the original trial)

https://www.youtube.com/watch?v=Ksff6yofqJs

Again a long drawn out legal battle was underway, with the case eventually going all the way to the Supreme Court.

Then in January 2017, the Supreme Court made its historic ruling, that what Resort Properties / Silverpoint had sold was indeed timeshare. That the purchasers were indeed consumers of timeshare and not “investors”, which also meant they now had the full protection of the timeshare laws.

For the hundreds of clients who had been part of the criminal action this was very good news, it now meant their cases could be converted to a civil action using the now many rulings on timeshare law from the Supreme Court.

Canarian Legal Alliance under Miguel and his team of lawyers were now responsible for representing these clients. They were offered the chance of converting their cases to the civil courts.

One of the first client to do so has now had his case heard and the courts have found in his favour, according to the rulings of the Supreme Court. The Court of First Instance No 5 in Arona, Tenerife has declared this clients contract null and void, his original claim was for 60,000€, the court has awarded him 88,113€.

This is obviously good news for the hundreds of clients who took part in the original criminal cases, they now have the chance to receive the justice they have for so long sought, with many of them having already converted to the civil action. So we can be sure that there will be many more stories such as this in the coming months.

Below is another link to a Youtube video which shows the then Sales Director David Taylor giving another “investor” the run a around.

https://www.youtube.com/watch?v=_oNdi4NT4O8

In another twist, Silverpoint have another product which is very similar to the original “investments” deal, this they call the “Company Participation Scheme”. It is a very clever attempt to bypass the timeshare laws, although looking at the documentation it certainly looks like an advanced form of timeshare. More on this at a later date.

Inside Timeshare would like to thank CLA for the background information used in this article.

If you have any questions or comments about this or any article published, then use our contact page, we look forward to hearing from you.

Another New Name for Litigious Abogados Family

Well here we go again, and another name to add to the family of Litigious Abogados, just a slight change from a previous one, Legalidades Abogados is now Legalidades Tenerife. The lawyer is still Alberto Kalim Ro Galvera, along with Juan Luis Lutabaris, Miguel Halcon Morato and Manuel Goletas Gitano.

The company address is one that has been used before with Legalidades Abogados:

4, Calle San Francisco, Santa Cruz, 38002, Tenerife.

Telephone number are:

Freephone: 08008021916

Tenerife: 0034 822680087

The new website is www.legalidades-tenerife.com and was registered on 16 April 2018, obviously due to the fact that Inside Timeshare has previously identified the photographs of the so-called lawyers they used on previous websites, this one does not have any photographs, the registrant is again hidden by a privacy service. But it is still a fake law firm nonetheless. .

According to the letter sent to our reader, they have lawyers legally authorised to operate in any court of law in Spain, Portugal, Italy and Malta. The growth of the company over the years has been mainly due to numerous cases against timeshare companies.

The letter also states that they are currently involved in a class action for punitive damages against Petchey Leisure Group SL and MGM SL, along with one of their directors Mr Howard Manton.

Apparently their consultants have “gleaned” enough information to lodge a claim on the clients behalf. Their lawyers have successfully lodged the clients claim with the court on Tuesday 5 June 2018, using ref number BOE-S-2018-136. The hearing has been set for Tuesday 19 June 2018 at 12.20 at the Santa Cruz Court No 5.

Well that is very quick work indeed, they obviously have a great deal of influence with the judges and the courts.

The claim amount is for 22,934€ but there is a fee that needs to be paid first, this is for the Court Procurator and is 706€ which has to be paid directly to the Procurator. In this case the Procurator is Elinabeta Yessica Elierz with the address:

Calle Abierta Numero 6, Edificio, Cerebro, 228, 38001 Santa Cruz, Tenerife. This address does not actually exist, it could not be found on google maps or any other searches.

There is no telephone number only an email:

[email protected]

The website www.elinabeta-elierz.com/ was only registered on 29 May 2018, it is not even a month old. The Registrant is also hidden by a privacy service.

The bank account the money has to be paid into by bank transfer is in the name of the Procurator and is  with La Caixa, Avenida Islas Canarias, 2, El Faile, 38632, Santa Cruz de Tenerife. The number at this address is actually an apartment, although there is a bank on the corner of Avda Islas Canarias and Calle Fuerteventura, it is not a La Caixa, the bank is actually a Caja Canarias.

Bank Details Procurator

The other strange thing is the “court” document lodging the case, the defendants are: Petchey Leisure Group SL, Resort Properties SL, Silverpoint SL and Howard Manton. There is no mention of MGM SL, plus we didn’t know that Resort Properties and Silverpoint were linked to Petchey!

Fake Court Document

It is blatantly obvious that the whole scam will be just as we have seen in the past, Next week on probably Wednesday 20 June, the client will be informed that the Director Howard Manton will have pleaded guilty and the court has awarded even more than the original claim. Now the second stage of the scam will kick in, there will be taxes to be paid to release the money, then if they are true to form the third stage will come into play.

This third stage is the envelope sent to the clients with the cheque will arrive opened, the letter from the court will be there but the cheque will be missing. The client will naturally contact Legalidades informing them of the missing cheque. Days later a new company that has been “appointed” by the court will be in touch and inform them that the cheque has been cashed, it did used to be a gang of Romanians, then it changed to Ukrainians, we just wonder what gang it will be this time. Anyway this new firm will need a payment so they can reclaim the lost amount from the bank.

As we have seen in the past this is a very clever and well worked out fraud, the paperwork looks very convincing especially if you do not know what the genuine ones look like.  They are full of official looking stamps, logos of genuine official bodies and the English in the letters is actually quite good.

In the end, this is a fraud, the process of taking a case to court takes a lot longer than these guys claim, from being lodged with the court and the trial date being only 14 days is an absolute miracle!

If you have been contacted by a law firm with a similar story to this, contact Inside Timeshare, your information will help others. Unsure of who is contacting you or just needing to find out if one you have found on the internet is genuine, again use our contact page and we will point you in the right direction.

Doing your homework is going to save your precious hard earned money, don’t let these crooks lead better lives than you with your cash!

The Tuesday Slot with Irene

Welcome to this weeks Tuesday Slot, in this article by Irene Parker looks at the Seniors vs Crime project, but first another warning to our UK and European readers.

We have recently been reporting about the activities of a bogus law firm called Abogados Lopez, apparently working out of Malaga, well they are still at it.

They contact clients who have cases running against their timeshare resorts, the information they have seems to be fairly accurate, they ask for confirmation of details and explain that this is so they can put the case before the court within the next day or so.

A few days later a Hope Brugge or Megan Haywood calls with the wonderful news that the case has been won and that the court has awarded a substantial amount, but a fee to release the funds from the court is required. Depending on the amount awarded it is around £1000 to be paid by bank Transfer to the lawyer.

Two names have been reported for the account holder, Kingsley Ehigiator in Malaga and Isidro Palm Perez in Barcelona.

We have also now been informed that a second call from a Paul Tyler or Taylor, this time he needs a payment of 7% of the awarded amount to pay the fees for the bank transfer.

Again this is a scam and this is not a bona fide law firm, somehow they have stolen sensitive data and are using it to defraud timeshare owners.

Now for today’s article.

The Florida Attorney General’s Seniors vs Crime Project

Can the “Senior Sleuths” help timeshare fraud victims?

Perhaps even more important than the raw numbers is the psychological and emotional impact of crime on our older citizen.

By Irene Parker

June 12, 2018

The Florida Attorney General’s Seniors vs Crime Senior Sleuths act as “eyes and ears” of the Attorney General’s Office and local law enforcement by reporting on scams, high pressure sales techniques, false or misleading advertisement, or other deceptive or illegal activity. There is similarity in cases the Senior Sleuths have pursued and the 459 timeshare complaints Inside Timeshare has received.   

The senior timeshare buyers described below fell victim to “Defend against scams” points: #2 #3 #4 and #5. Following their case, we compare two Senior Sleuth cases and show how the crimes described are similar to timeshare crime. The FBI defines white-collar crime as “deceit, concealment, violation of trust and bait and switch.”     

Reader complaint #452 was submitted by their son Eric. We have not identified the family or the company to allow the company time to respond to the complaint.

My parents are both 78 years old. My father has been diagnosed with Alzheimer’s. My mother is hard of hearing. Points were purchased in Florida at a hotel presentation and at a later date in Virginia. They were pressured for six hours in Florida, told the price was time sensitive. They signed electronically, despite having no computer skills.

In Virginia they dealt with seven sales agents who kept them for seven hours. My parents told the agents they had limited savings and could not afford the second purchase.  My mother said she started to cry. The sales agent said they had not purchased enough points the first time so they would lose everything if they did not buy more points and that the price per point would increase if they did not buy that day. My parents have never used the points. They cannot travel because this has caused their health to deteriorate. The $27,000 they spent represents all their savings. The first purchase of $13,000 has been paid in full. The balance is a loan.

We will be filing a complaint with the Florida Attorney General and the Virginia Attorney General, although I’ve learned through Social Media they will in all likelihood dismiss the complaint for lack of proof.  

The reason this meets the definition of fraud is because the couple did purchase enough points to be able to stay a week at a resort. They might have trouble booking Hawaii or the California coast, but there are many locations they could have stayed at with the number of points first purchased. In addition, they could bank their points into the next year and have double the points, easily covering a week’s stay. The complaint of being told the member did not buy enough points is a common ploy. “I can’t believe they sold you so few points! You can’t stay anywhere with only THAT many points!”

There would have been no trouble going back the next day, buying at the same price as the day before. This would at least have given Eric’s parents time to talk it over with Eric or with a financial advisor.  

Based on reports from members filing timeshare complaints, in all likelihood the company will respond, “We are not responsible for what our sales agent say,” falling back on the oral representation clause. Given the company’s response and the Florida Timeshare Division and Virginia Timeshare Division’s likely response, “You have no proof,” as our readers have reported back to us, timeshare sales agents are thereby encouraged to misrepresent. In effect, there is no timeshare regulatory enforcement in some states.

Senior Sleuths

“The Attorney General’s strong support for the Project, and dedication to helping consumers, ensures that those who fall victim to unethical business practices or frauds will have someone and somewhere to turn for help.”

This has not come to fruition for our readers complaining to the Florida and Virginia Timeshare Divisions. Maybe Senior Sleuths can help. Give them a try if you bought in Florida or live in Florida.

Once again we are left with public awareness as our only consumer protection.

From the Florida Bar Journal

“The Commission will find deception if there is a representation, omission or practice that is likely to mislead the consumer acting reasonably in the circumstances, to the consumer’s detriment.”

The Third DCA confirmed that the standard requires proof of probable, not possible, deception; that the potential deception must be of consumers acting reasonably in the circumstances, not just any consumers; and that the deception must be likely to cause injury to a reasonable relying consumer.

https://www.floridabar.org/news/tfb-journal/?durl=/DIVCOM%2FJN%2FJNJournal01%2Ensf%2F76d28aa8f2ee03e185256aa9005d8d9a%2F1f23234b2401bb9885256af50015dc33

The family is asking the second purchase be rescinded. The Senior Sleuths resolved similar complaints described below.

The History of the Seniors vs Crime Project

Taken from the Seniors vs Crime website:

In 1989 the Florida Legislature ordered the Attorney General to form a task force to report on crime and the elderly. The Task force on Crimes and the Elderly, formed and chaired by Attorney General Bob Butterworth, held a number of public meetings around the state. Mr. Vern Thornton served on the Task Force as a consultant with the AARP Criminal Justice Services. The Task Force found that seniors were being targeted for scams, were being subjected to high-pressure tactics by salespersons, and were being deceived by false advertising at an alarming frequency. Perhaps even more important than the raw numbers is the psychological and emotional impact of crime on our older citizen.

Vern Thornton presented the Attorney General with a crime prevention program, to be run by volunteers and focused on Florida’s growing senior population. The program was to be called the Seniors vs. Crime Project. Volunteers, now called Senior Sleuths at the suggestion of the Attorney General, became more active in assisting law enforcement.

Examples of work performed by Senior Sleuths range from checking on scanner prices at supermarkets and counting pills when picking up prescription medications to performing undercover stings that captured salespeople utilizing high pressure sales techniques and engaging in false and deceptive practices.

What started as a fairly small organization, primarily on the (Florida) East Coast, has now grown statewide with over 2,000 Senior Sleuths. While methods used by the Project may change over the years the goal will remain the same – prevent victimization and provide a way for seniors to contribute to the safety of all Floridians.

Cases similar to timeshare handled by Senior Sleuths

An Auto Dealership Complaint

They told the salesman they wanted payments not to exceed $250 per month. When they returned they learned the monthly payment was $587 per month. The dealership agreed to take the automobile back and refund monies paid.  

This is a common timeshare complaint. Members report they are told they will be paying one loan amount but the actual loan amount turns out to be much higher. Also, many are told their maintenance fees will go down if they buy more points, but maintenance fees end up being higher.

A Going on Vacation Complaint

A St. Augustine couple signed up for a vacation membership with a travel agency that cost $2500. The couple could not access the website that promised them vacation discounts. Through no fault of their own, they were not able to access the website for five days. Once they finally gained access, they realized they could have arranged vacations on their own for a lower price than that offered by the membership website. The travel agent initially cited that the time to rescind the contracts had lapsed as presented on the website. Ultimately the couple was reimbursed the $2500.

Inside Timeshare has received many complaints from readers who describe how the company and/or the sales agent were able to dodge the rescission period by not allowing access to the booking site until after the rescission period had passed or saying bogus programs to sell points or pay maintenance fees would not be available until after the first of the year.    

Seniors vs Crime online complaint form (a description of how the program works is below) https://sites.google.com/a/svcproject.com/intakecenter/onlinecomplaint

How the Seniors vs Crime project works:

Victim must make the request. The services of the Seniors Vs Crime Project must be requested by the victim in the complaint. The Project cannot respond to suggestions that a third party has a problem and should be contacted. Victims may be assisted in filing their complaint by family, friends or Power of Attorneys but the victim must sign the Request for Assistance form before assistance can be rendered.

Two Options for Assistance.  When requesting assistance from the Senior Sleuths at a Project Office, a person has two options. The person may only be looking for coaching “assistance” through a situation. Seniors Sleuths can advise the senior on how to handle a particular matter and not get involved with anyone except the senior. The victim is not required to sign anything to receive this type of assistance. It’s just one senior talking with/advising another senior.

A second option is for a Senior Sleuth to intervene and represent the complainant. In these instances the Senior Sleuth will thoroughly research the complaint and attempt to mitigate the case with all parties involved. Many people, initially only seek advice, then after some discussion they quickly realize the situation is more complex, so they ask for a Senior Sleuth to assist in resolving the situation. This second option does require written authorization from the victim.

Civil Disputes involve many Civil Actions. All of the civil proceedings are expensive and arduous, and out of the financial and emotional reach of most seniors. While many civil lawsuits against scams are successful, to make matters worse, the proceedings expose a senior who has been scammed to public display for being naive or foolish, which is effectively making the victim a victim again. And making the victim a third time victim, most often when a senior “plaintiff” wins a civil case the efforts to collect the court award involve another long civil process. The Seniors Vs Crime Project’s Senior Sleuths do everything possible to reach a settlement for a senior without cost and without public or family embarrassment.

If you are involved in a civil situation and you request the Seniors Vs Crime Project’s assistance, the Senior Sleuths assigned to your case will do everything possible to reach a settlement without cost to you and without public or family embarrassment. Senior Sleuths are successful in a high percentage of cases. http://www.seniorsvscrime.com/history

Timeshare self-help groups:

https://www.facebook.com/groups/DiamondResortsOwnersAdvocacy/

https://www.facebook.com/timeshareadvocategroup/

https://tug2.com/Home.aspx

https://www.facebook.com/groups/180578055325962/

https://www.facebook.com/groups/465692163568779/

https://www.facebook.com/groups/1639958046252175/

Related articles: Unauthorized credit card charges and

Timeshare Advocacy Group’s complaint form

https://www.thebalance.com/what-to-do-about-unauthorized-credit-card-charges-960260

http://insidetimeshare.com/fridays-letter-from-america-5/

Inside Timeshare is pleased that the Attorney General’s Office is taking this matter very seriously, when you consider the number of complaints that we are receiving with the number going up on an almost daily basis, this is certainly a matter that needs to be dealt with.

If you have any questions or comments on this or any other article published, use our contact page to get in touch. If you require any help or advice about any company that contacts you or you have found on the internet, then Inside Timeshare is here to help.

We would also like to inform our Danish (& Scandinavian) readers of a new website which Inside Timeshare is collaborating with:

https://www.timesharehjelpen.com

We will be sharing our information and reporting on each others articles. We wish this new site all the best.

Remember do your homework and keep your money safe.

Monday, Lets Start the Week

On Friday we published our usual Letter from America, this particular article was by Irene and was the story of two elderly Diamond members, the Liebmann’s and the Brust’s. As usual Irene sent well in advance a draft of the Article to several entities including Diamond for comments.

In fact this is always done for our US articles, in some cases the timeshare company has responded very quickly to the article and contacted the member directly with a solution. In these cases the article has been pulled at the last minute and another replacing it.

After last Friday’s article Irene received a letter from Diamonds external law firm. In this they state that the article contains “false and defamatory” material.

Inside Timeshare begs to differ, the article is the Liebmann’s and Brust’s story and they wanted it publicised as they felt they had nowhere else to turn. Inside Timeshare was pleased to do this, as that is what this publication is all about. To give the timeshare owning community a voice and a place where they can find the facts and the truth.

For Diamond to send in their well paid corporate lawyers or as I prefer to call them corporate “velociraptors” (swift seizer in latin), to me shows they really do not care what is going on at their sales presentations.

We constantly hear the words “Diamond is not responsible for what our sales agents say”, or “you signed the contract”.

This is a message to Diamond, if you do care about your members then why on earth do you not reign in the excesses of the verbal misrepresentations of your agents?

It is not rocket science, they are selling your product, they are your employees, it is your reputation that is being constantly tarnished, as we have seen in the many complaints and stories we have published.

These are not made up, these are facts as presented by those making the complaints to not only Inside Timeshare but to other entities as well. We at Inside Timeshare do believe that timeshare was and still could be a good product, it is the way it is sold that is the problem. In Spain these excessive sales practices have been curbed, the laws have been set and many companies are now losing millions in the courts for their past transgression.

The ball is now firmly in your court, it is time for you as a company to acknowledge these practices and act to have them removed.

To finish our Monday start we look at news from the Spanish courts of cases last week.

In the Courts of First Instance in Maspalomas, Gran Canaria, there were SEVEN sentences passed against Anfi del Mar, once again the rulings of the Supreme Court took precedence, floating weeks, perpetuity contracts and the taking of deposits on the day. All contracts were declared null and void.

On the point of the Supreme Court, Canarian Legal Alliance announced their latest victory, bringing the total to a massive 120 rulings from Spain’s highest court. This particular case once again involve the Tenerife company Silverpoint, with the contracts being declare null and void.

In just these cases the clients will be receiving  over 311,000€ plus legal interest and in most cases their legal fees as well.

A very expensive time for timeshare at the end of last week.

If you have any comments or questions on any article published, then use our contact page, Inside Timeshare is here to give you a voice and to inform all timeshare owners of the truth.

We also apologise for the shortness of today’s article but other events took control and we were late in getting the article published.

Friday’s Letter from America

Welcome to the first Letter from America for June, this week Irene Parker follows on from Haley Saldana’s Tuesday article, but first we look at the end of the week in Europe.

Over the past few weeks we have been issuing various warnings on some very dubious claims companies and fake law firms, we have now received some new information about one called Abogados Lopez.

In the past warnings the name of the lady on the phone was Hope Brugge, well it seems that Hope has now changed to Megan Haywood.

The pitch is the same as before, checking the details of how much they paid etc, before they file the case at court, the a day or so later the great news comes in that they have won the case and the court has awarded a substantial amount. Yes you guessed it they need to be paid to release the money.

The telephone numbers being used are:

0034 951 242 867 which is a Malaga code

0034 602 654 670 which is a Spanish mobile

Another number that has been used is

0044 1291 440 500 which is a Chepstow code.

This week has also been busy with the courts, Silverpoint has been on the receiving end of yet more Supreme Court rulings, with four in one week, this makes a total of 118 against the timeshare industry as a whole.

There have also been six sentences issued in the Courts of First Instance against Anfi del Mar and Silverpoint, with the total being awarded by the courts to the clients amounting to over 409,000€ plus in most cases the return of legal fees and legal interest. The contract have also been declared null and void, leaving these client not only financially better off but timeshare free.

All these cases were brought on behalf of the clients by none other than those intrepid lawyers of Canarian Legal Alliance.

Now on with this weeks Letter from America.

Diamond Resorts International Lawsuit against Castle Law

Declarations of Two Former Castle Law Employees

The Tangled Web: Castle Law Group Entities

How money was funneled from timeshare members to Castle Law

By Irene Parker

June 1, 2018

Diamond Resorts International filed a first amended complaint for damages, injunctive and other relief against Judson Phillips, Esq., Castle Law Group, P.C. and 24 other defendants in the US District Court of the Middle District of Tennessee on February 21, 2118, in an effort to untangle Defendants’ web  of deceit and so as to end Defendants’ improper and legally inappropriate schemes, and in doing, not only vindicating its own rights, but also safeguarding the unsuspecting public and positively impacting the timeshare industry at large.

Case 3:17-cv-01124

Timeshare developers say timeshare exit companies like Castle Law are targeting timeshare members, enticing them to get out of their timeshare contracts. Some of these exit companies charge thousands of dollars upfront, but members are held in suspense for months or years, only to learn they were not released from the timeshare contract. On the other side of the dispute, timeshare members have been contacting Inside Timeshare, desperate to be released from timeshare contracts they never knew were perpetual, and had little or no secondary market.  

https://www.nashvillepost.com/business/legal/litigation/article/20972343/resort-company-sues-local-lawyer-over-timeshare-exits

This past Tuesday we published an article about Haley Saldana getting caught in the middle of a dispute between Castle Law Group and Resort Relief. Haley lost $3,495 after paying Castle Law to get her out of her Silverleaf timeshare, only to find herself foreclosed anyway. http://insidetimeshare.com/the-tuesday-slot-with-irene-6/

Two former Castle Law employees, a director of business development and an attorney, relate their experiences working for Castle Law Group, PC and Castle Marketing Group, LLC in depositions filed. I reached out to both employees through Linked-In and the attorney’s law firm. They did not respond.  

Over a year ago I received an email from Carly Vaughn, former public relations manager and content writer for Castle Marketing, asking if I would be interested in writing for the Castle blog. I declined the offer.

We first published an article about developer lawsuits against Castle Law and Judson Phillips August 22, 2017.

http://insidetimeshare.com/legal-news-us-castle-law-group-pc-v-timeshare-developers/

Among the twelve causes of action in the “cease and desist” letter Castle sent to developers, are those Inside Timeshare readers, asking for help in complaints against developers, would not disagree with. From the Castle “cease and desist” letter found in public filings:

  • Improper and unethical high pressure sales tactics.
  • Gross and deliberate misrepresentations regarding benefits of ownership.
  • Gross misrepresentation regarding the ability to utilize timeshare points to cover fees associated with membership and exchanges.
  • False information regarding the ease and/or ability to resell for a profit.
  • False sense of urgency to purchase the same day.

A “cease and desist” letter demands all communication with the client, including collection attempts cease under the Fair Debt Collections Protections Act.

Declaration from an attorney who worked for Castle Law

In his declaration, the lawyer states that it became clear to him that Castle Law was not functioning within the ethical boundaries of a proper law firm. At no time was the lawyer tasked with meeting with and/or engaging clients. Rather, according to the attorney, Castle Law clients were primarily engaged through outside third-party exit timeshare companies. Only on a few occasions does the lawyer recall even speaking with a prospective client. The attorney graduated from law school in 2015 and was hired by Castle Law Group, P.C. in 2015. He worked for Castle Law until May 2017. According to the attorney’s declaration:

It was my understanding, through observations, that many prospective clients engaged the services of Castle Law without ever speaking with any attorney. Strangely, I agreed to have a rubber stamp made of my signature to be used by assistants, which made me uncomfortable.

While at Castle I was shocked to learn telephone calls were being recorded without my knowledge, whereby neither of the two parties was aware they were being recorded. I learned of this practice from Sean Austin, president of Castle Marketing, which I now know to be illegal.

I was involved in the evaluation of various cases of timeshare owners who did not have valid claims and should have been entitled to a refund of monies paid to any of the Castle entities. I reported my claims to Judson Phillips and Michael Keever. To the best of my knowledge, very few, if any, actually received a refund. (Castle Law Group and Castle Marketing were both operated by Sean Austin and Michael Keever, neither licensed to practice law)

After I left Castle, I became aware that Castle Law sent out letters to their purported clients that they never represented them. I became aware of such letters after I was forced to defend my license to practice law against four bar complaints against me. All four complaints were eventually dismissed.

DECLARATION 2

This declaration was provided by the “assistant director of affiliate relations” who later served as “director of business development” for Castle Marketing Group as an independent contractor in 2015.

The director’s role was to communicate with and manage outside affiliate companies, referred to as Third Party Exit companies (TPE) who solicited timeshare owners to cancel their timeshare contracts. According to the director:

I observed that Castle Law allowed the outside affiliates to use Castle Law Group’s engagement agreement without an attorney being present or consulted. I observed that timeshare owners were being led to believe they were paying legal fees entirely to Castle Law Group, which was not true.

Initially, Castle Law Group collected all of the funds and was engaged in the practice of sharing the fees with the TPEs. Sean Austin told me that they had created Castle Marketing Group to “act as a buffer between the clients and the law firm” and to “protect the law firm” and to “get around the issue of fee splitting.”

Later Sean Austin told me Castle Law Group was not making any money, which was “not legal,” and that funds had to be pulled out of Castle Marketing Group and transferred to Castle Law group, so that it would appear as if Castle Law Group was earning revenue as part of the transaction. The TPEs kept their portion of the amounts paid for legal services and sent the rest to Castle Marketing. Castle Marketing then transferred funds to Castle Law Group and the many other business entities operated by William Michael Keever and Sean Austin (pictured above).

I observed that attorneys at Castle Law Group rarely, if ever, met with or spoke to the timeshare owners. Sean Austin told me that the staff needed to keep the timeshare owners happy as the lawyers did not have time to confer with them.

At times a year or more went by without any action taken by Castle Law Group on behalf of the timeshare owners. I witnessed that timeshare owners who persisted with their complaints, or demands to speak with an attorney, would be placed on an “escalation sheet.” Staff members would, in some instances, contact customers to calm them down and say whatever was necessary to keep them hanging on until the deadline for their money-back guarantee had expired. My job became so stressful as a result of timeshare members and TPEs demanding answers, my health was impacted and my doctor advised me to quit my job.

The funds collected from the legal fees paid to Castle Marketing Group were funneled to other business ventures owned by Sean Austin and/or William Michael Keever. These businesses included: Castle Venture Group, Worthington Galleries, God Cloud, ExxoGear, Advisant, Kryptobit, and Instant Merchant Group, among others. Sean Austin expressed to me on more than one occasion that the payroll and budget for all these companies was dependent on my work with the TPEs and the funds generated.  

When I expressed my concern that “clients” would complain to the Tennessee Attorney General, Sean Austin stated that Castle Law Group was registered only in the name of attorney Judson Phillips, so Sean Austin, William Michael Keever and the staff, as non-lawyers, would be shielded from any liability or fault.

The Director left Castle Market Group in 2016.     

To date Inside Timeshare has received 437 requests for assistance from timeshare members who allege they were defrauded by unscrupulous timeshare sales agents. It is our hope a meaningful dialog will develop to clean up both sides of the timeshare sale.  

Contact Inside Timeshare or one of these self-help groups before paying anyone to get you out of a timeshare contract.

https://www.facebook.com/timeshareadvocategroup/

https://www.facebook.com/groups/DiamondResortsOwnersAdvocacy/

https://tug2.com/Home.aspx

https://www.facebook.com/groups/180578055325962/

https://www.facebook.com/groups/465692163568779/

https://www.facebook.com/groups/1639958046252175/

So that’s it, the end of another week in the world of timeshare, a week that has seen more fake companies emerging and many cases against some of the major timeshare companies being resolved in the courts.

If you require any information or have any comments on any article published, use our contact page and send us a message.

Have you been contacted by a company with a similar story to the ones published and want to know the truth, or have you found one on the internet, then contact Inside Timeshare and we will help you to find the information you need.

Remember to do your homework before engaging with any company, it will save you a lot of heartache in the end.

Have a great weekend and join us next week for more “Nightmares on Timeshare Street”.

News on Wednesday: More Warnings

We start today with another warning about the “Fake Law Firm”, Abogados Lopez, more readers have contacted Inside Timeshare with information on the calls they have received from Hope Brugge, claiming to be working for Canarian Legal Alliance.

According to our readers, many of whom are existing clients of CLA, the call is to inform them that their case is about to go to court and she needs to confirm some information before submitting the case. This is obviously a fishing call, as if you have a case with a legitimate law firm they would already have those detail and they would have been confirmed at the start.

Within a few day Hope Brugge calls again and informs the client that the case has been won and a substantial amount of money has been awarded. In order to have this money released, (yes you guessed it), Hope Brugge and Abogados Lopez need a fee to release it. The client is given bank details for a named individual to transfer the money.

The telephone numbers being used are:

0034 951 242 867 which is a Malaga code

0034 602 654 670 which is a Spanish mobile

Another number that has been used is

0044 1291 440 500 which is a Chepstow code.

If you receive any call of this nature do not be fooled by them, if you are an existing client of any law firm, contact them directly and inform them.

This is a blatant fraud, which the authorities are aware of.

Another reader has also informed us that another company has been contacting owners who purchased with Azure Resorts in Malta, using a Barclay Partner Finance loan agreements. Unfortunately the reader was not able to get the name properly so we will not speculate and guess.

According to the caller they are working with the FCA (Financial Conduct Authority) to bring a “class action” against Barclay Partner Finance on the 19 June, all rather urgent wouldn’t you say?

There is a case on that date being brought by the FCA, but this has nothing to do with what this company are on about. The case is being heard at the Upper Tribunal (Tax and Chancery) of the Royal Courts of Justice.

The case revolves around a validation order sought by BPF for loan agreements made by Azure Resorts for timeshares in Malta, it turns out that the company brokering and arranging the loans was not authorised or licenced by BPF to do so. BPF turned to the FCA to have these agreements validated. These are only for certain clients who signed these agreements between April 214 and April 2016. If you did not receive any information about this in February 2018, then you are not involved.

The FCA on the evidence made out a validation order to have the loans legally recognised, as no client had suffered the “possibility of any consumer detriment arising from the manner in which the unauthorised broker carried out its activities”.

Unfortunately, the FCA was not aware of the full facts and many clients made complaints, the FCA has now sought to have this validation order overturned in the light of these complaints and new evidence put forward by the clients.

Inside Timeshare will keep you updated as to the outcome of this hearing.

It seems that according to information from our readers, Claims Solutions Group are contacting Silverpoint clients, (which we already knew), but this time using Brexit as the reason only they can help.

According to the caller, once the UK leaves the EU, it is going to be very difficult for any owner of a Silverpoint timeshare to get out. Now why would this be the case?

Obviously it is another scare tactic, to get Silverpoint owners to take up their services, for a fee off course, to get them out of a Silverpoint timeshare. Remember Silverpoint are working with this company and FullBrook Associates.

http://insidetimeshare.com/start-the-week-new-information-on-centaurus-mediations/

Sticking with Silverpoint, another company Centaurus Mediations is also using another tactic, this time it is at their offices in Tenerife. According to our reader, they were told that Centaurus had been appointed by the court to mediate following several court cases against Silverpoint, many of these cases have been reported on these pages.

Now considering that Centaurus Mediations is part of the Silverpoint setup, using data supplied by Silverpoint, plus the fact that the courts do not appoint any company to mediate or carry out any work such as this, points to one blatant lie. Only one of the many made over the years that Silverpoint have been operating.

The one thing in common is they all state that it is only them that can get you out, well Inside Timeshare begs to differ, the court results that we have reported on show that Silverpoint is on the run. At least 45 rulings against them from the Supreme Court, rulings against them on an almost daily basis in the lower courts, with many more waiting to be heard, that is the truth of the matter.

If you have any questions or comments on any this or any other article, then use our contact page and get in touch.

Have you been contacted by any company offering you a claim or stating that a case has been won and there is a substantial amount of money waiting for you at court then contact Inside Timeshare, your information can help others avoid losing thousands.

Start the Week

We ended last week with the news of the 115th ruling from the Supreme Court, plus the news that judges in 3 courts at Maspalomas all made the same judgements in 4 cases against Anfi. All these were in accordance with those set down by the Supreme Court. This leaves us in no doubt that the law is very much set in stone.

Today is Memorial Day in the US, this is the equivalent of the UK’s Remembrance Sunday held in November, although some in the US may have lost sight of its meaning, lost in a sea of Memorial Day sales at auto dealers and shopping malls.   

“But at its heart, Memorial Day is a solemn day of remembrance for those who have died serving in the U.S. Armed Forces.”

The history of Memorial Day

https://parade.com/479467/tamrabolton/memorial-day-what-the-holiday-really-means/

“This is not Veterans Day, it’s not a celebration, it is a day of solemn contemplation over the cost of freedom.”

Our favorite quote, out of 17 quotes, as it applies to our veterans helping veterans and active duty military and law enforcement, alleging they were fraudulently sold or up-sold a timeshare, best describes their efforts.

“Heroism doesn’t always happen in a burst of glory. Sometimes small triumphs and large hearts change the course of history.”Mary Roach

https://parade.com/670587/lindsaylowe/17-memorial-day-quotes-on-sacrifice-gratitude-and-patriotism/

Inside Timeshare has heard from over 50 veterans and active duty military and law enforcement. Decorated war heroes join Timeshare Wars, hoping the industry will acknowledge the harm done to those who have sacrificed their physical, and sometimes mental health, to protect even those who seek to do them financial harm. The consequences of predatory timeshare sales and lending can be devastating, as described by many military families reaching out to Inside Timeshare, asking for help.

   

It would seem that the “fake lawyers” AG Abogados, part of the Litigious Abogados family may have stopped cold calling, but the scam has now moved on the familiar cheques has been sent, but the envelope is open and the cheque is missing.

The same story which we reported last year, the only difference is that the gang of Romanians has now been replaced by Ukrainians!

There is now a new law firm which has been charged by the court to investigate and sort this out for the clients, Elias Elisa SA, yet another fake law firm. (See link below for the previous article).

http://insidetimeshare.com/litigious-abogados-plot-gets-thicker/

Just to remind you, the courts do not send cheques through the post to payout clients, these “firms” are all fake. With this new phase of the scam underway, it is more then likely that the website will soon be down, so we just wait and see what new name comes up. If you get a call from a “Law Firm” that tells you your timeshare company is being taken to court and you can join in the action, contact Inside Timeshare and let us know.

Inside Timeshare has also received several enquiries about a new firm that has started contacting timeshare owners, Harrison Moorcroft Litigation Limited, based at Harlow Enterprise Centre Kao Hockham Building, Edinburgh Way, Harlow, Essex, CM20 2NQ.

This company was registered on 9 October 2017 at Company House, with the registration number 11001924, so a fairly new company.

According to their website, they are not going after any timeshare company, but the banks that issued the finance agreements and the credit card companies.

https://www.harrisonmoorcroft.com/

Some parts of this post have been removed due to information which has come in since publication. It does look like they will be working in the interest of consumers.

With the proliferation of claims companies setting up it is making it very difficult for timeshare owners to know who to trust. Stick to the basic rules and remember, can they prove what they say, especially if the have only recently been registered as a company. If they claim to have links with well known law firms etc, check with them to verify the claim. We have seen too many companies claim they are working closely with known lawyers and companies, only to find out it is a fabrication. ,

If you are unsure on how to make any checks, then contact Inside Timeshare and we will point you in the right direction. Remember do you homework and stay safe.

Mid Week Report

One of our regular readers has sent in a link to another website giving David Cox a bashing, it certainly looks like he has annoyed a lot of people. Well that is not surprising, he does attack anyone with his ranting lies and false information, all to try and give himself and his company TESS Paralegal Services Ltd credibility.

This website which was registered at the end of March, is hard hitting and well written, the author or authors who have remained anonymous for obvious reasons, also seem to have a sense of humour.

It goes on to vilify his writing skills or rather lack of, calling him “Dyslexic Dave” and “David “The Dunce” Cox”, but it also explains that he is also under investigation by Avon & Somerset Police due to his dealings with Mark Rowe and Monster Credits. The article also asks the question why his rants against Monster have been removed from his website, after all he did even attack his former partner.

Inside Timeshare knows he has been sent legal notice of action to remove his posts, as yet no response from him has been received by Inside Timeshare or any of the other parties involved. No new posts have been published since the end of March, he just seems to have melted away into the shadows where he belongs.

He has duped timeshare owners all over the UK first with his ownership of the Timeshare Consumer Association, which was once run by the late and esteemed Sandy Grey, then using that platform to enhance his own business TESS. The people we feel sorry for are the poor consumers who have been taken in by this charlatan.

Click on the link below and have a bit of a laugh.

http://timeshareexitsupportservices.com/

Silverpoint Ordered to Payout Immediately.

One Belgian client of Canarian Legal Alliance has now been paid over 100,000€ by the Court of First Instance, Arona, Tenerife. In this case the court ordered to Silverpoint to pay immediately and also declared the contract null and void.

The Barrister for CLA has received the payment and this is now being transferred to the clients personal account. This is not the full amount as the court are still calculating other sums due the client.

It is obvious from this, the courts are taking a dim view at Silverpoints continual delaying tactics, which has resulted in delays and considerable court time in chasing up. There is also a system of embargoes which the court can enforce, this will freeze assets and bank accounts, allowing the court to withdraw the funds at their will.

Canarian Legal Alliance have also set into place a system where they now have lawyers whose task is to file these embargoes with the court and enforce the settlement in favour of their clients.

Silverpoint have a history of delaying and this is a clear warning from the courts that they will no longer tolerate this behaviour. It is a good sign for the many client that have cases against this company, speeding up the return of their money.

https://www.canarianlegalalliance.com/silverpoint-forced-courts-pay-100000e/

Another warning is being issued about a fake law firm called Abogados Lopez, operating out of Malaga and Las Palmas, Gran Canaria. They use the telephone numbers:

0034 951242867

0034602654670 (mobile)

The scam is very simple and they are very adept at making consumers believe them.

The call comes from a woman (possibly Dutch) called Hope Brugge, in her call she seems to know many details, that the case is going to be heard in court the following day. The next call is to say that the court has found in the client’s favour and awarded Ex amount.

To have this money released the client needs to send an amount via bank transfer to an account in the name of an individual, they are using numerous accounts and names.

This is also backed up by fake but official looking paperwork, do not be taken in by them, if you do have a case with a law firm, contact them for verification before engaging with Hope Brugge and paying any money.

This is a very well laid out fraud.

If you have any questions or comments about this or any article published, then use our contact page and we will get back to you.

Been contacted by a company, found one on the internet and not sure if they are genuine, then ask Inside Timeshare, we will point you in the right direction.